Does divorce occur if one says: "Consider yourself divorced if you go out with the driver without a mahram and without necessity," when the wife goes out with the driver to the club, and is going out to the club considered a necessity?
The phrase "consider yourself divorced" is an explicit statement of divorce, and it constitutes a conditional divorce if the husband intended by it to prevent his wife from going out with the driver without a mahram (unmarriageable kin) and without necessity. The majority of scholars hold that the divorce takes effect upon the wife's performance of the action it was conditioned upon. However, Sheikh al-Islam Ibn Taymiyyah held that the divorce does not occur, and an expiation for a broken oath (kaffarat yamin) is due. Going to the club is not a necessity for the wife. If the divorce occurred according to the opinion of the majority, and it is the first divorce, the husband can take her back (raj'ah) before the iddah (waiting period) expires, or by a new contract after it expires. The iddah is three menstrual cycles, or delivery for a pregnant woman, or three months for a young girl or a woman past menopause. According to Ibn Taymiyyah's view, the divorce does not occur, and an expiation for a broken oath is required.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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